Nonexclusiveness - exceptions to liability - joinder.

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(1) Any cause of action established by this part 8 shall be in addition to and not in lieu of any other cause of action available to a plaintiff.

  1. A person whose possession, use, or distribution of illegal drugs is authorized by lawis not liable for damages under this part 8.

  2. A law enforcement officer or agency, the state, or a person acting at the direction of alaw enforcement officer or agency or the state is not liable for participating in the marketing of illegal drugs if the participation is in furtherance of an official investigation.

  3. Two or more persons may join together in one action under section 13-21-804 if anyportion of the period of illegal drug use of the individual illegal drug user whose actions resulted in the damages to one plaintiff overlaps with the period of illegal drug use of the individual illegal drug users whose actions resulted in the damages to every other plaintiff.

  4. A third party shall not pay damages awarded under this part 8 or provide a defense ormoney for a defense on behalf of an insured under a contract of insurance or indemnification.

Source: L. 99: Entire part added, p. 1263, § 1, effective June 2.


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